HR4241-118

1. Short title This Act may be cited as the Horse Transportation Safety Act of 2023.

2. Transportation of horses in certain vehicles prohibited Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended by adding at the end the following: The transport, or causing to be transported, of a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States in a motor vehicle containing 2 or more levels stacked on top of each other. In this subparagraph, the term motor vehicle— means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways; and does not include a vehicle operated exclusively on a rail or rails. Section 6 of the Horse Protection Act (15 U.S.C. 1825) is amended— in subsection (a)— in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3); and by adding at the end the following: The penalties under paragraphs (1) and (2) shall not apply with respect to a violation of section 5(12). in subsection (b)— in paragraph (1), by striking Any person who violates section 5 and inserting Except as specified in paragraph (5), any person who violates section 5; and by adding at the end the following: A person that knowingly violates section 5(12) is liable to the United States Government for a civil penalty of at least $100, but not more than $500, for each violation. A separate violation of section 5(12) occurs for each horse that is transported, or caused to be transported, in violation of such section. Such penalty shall be in addition to any penalty or remedy available under any other law or common law. (12) (A)The transport, or causing to be transported, of a horse from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States in a motor vehicle containing 2 or more levels stacked on top of each other. (B)In this subparagraph, the term motor vehicle— (i)means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways; and (ii)does not include a vehicle operated exclusively on a rail or rails. . (3)The penalties under paragraphs (1) and (2) shall not apply with respect to a violation of section 5(12). ; and (5)A person that knowingly violates section 5(12) is liable to the United States Government for a civil penalty of at least $100, but not more than $500, for each violation. A separate violation of section 5(12) occurs for each horse that is transported, or caused to be transported, in violation of such section. Such penalty shall be in addition to any penalty or remedy available under any other law or common law..